The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Judiciary
BILL: SB 1530
INTRODUCER: Senator Martin
SUBJECT: Unauthorized Public Camping and Public Sleeping
DATE: February 2, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hackett Ryon CA Favorable
2. Davis Cibula JU Pre-meeting
3. RC
I. Summary:
SB 1530 generally requires counties and municipalities to prohibit individuals from sleeping or
camping on public property, at public buildings, or on public rights-of-way within their
jurisdictions. The bill, however, authorizes counties and municipalities to allow sleeping or
camping on public property by issuing temporary permits, during a state of emergency declared
by the Governor, or at designated areas of public property. These designated areas must have
many of the characteristics of a homeless shelter, such as sanitary facilities, security, and
behavioral health services and prohibitions against drugs and alcohol. The designated areas must
also be located where other properties are not adversely affected.
The bill additionally permits a person or business to bring a civil action against a county or
municipality to enjoin practices of allowing unlawful sleeping or camping on public property. A
prevailing plaintiff may recover reasonable expenses incurred in bringing the action. Individuals
who sleep or camp on public property without authorization are not subject to penalties under the
bill.
The bill takes effect October 1, 2024.
II. Present Situation:
Estimates of Homeless Populations
According to the U.S. Department of Housing and Urban Development, on a single night in
January 2023, approximately 653,104 people were homeless in the United States. This represents
about 20 of every 10,000 people. Approximately 60 percent of those who were homeless were
staying in shelters while 40 percent were unsheltered or staying in a location that was not
REVISED: BILL: SB 1530 Page 2
intended for humans to live.
1
The report estimated Florida’s homeless population on a single
night to be 30,756.
2
Legislation Related to Homeless Encampments
Several states and local governments recently have heard or passed legislation related to
homeless encampments on public property. Some of these efforts have been directed at banning
or removing homeless encampments,
3
while others have moved toward creeating rights for
homeless populations to camp on public property.
4
Litigation Related to Homelessness
State and Federal Courts have opined on the constitutionality of these varied provisions on a
case-by-case basis.
5
Significantly, the Ninth Circuit Court of Appeals found that an Oregon
city’s ordinance which precluded the use of bedding supplies when sleeping in public violated
the Federal constitution’s “cruel and unusual punishments” clause
6
as applied to individuals who
were involuntarily experiencing homelessness and who lacked shelter in which to lawfully
sleep.
7
On January 12, 2024, the U.S. Supreme Court agreed to take up the Oregon case to
determine whether the enforcement of generally applicable laws regulating camping on public
property is constitutional.
8
In contrast to the Ninth Circuit, the Eleventh Circuit previously upheld similar restrictions in
2000. A homeless man challenged a municipal ordinance of the City of Orlando that prohibited
any “camping” on public property. Among other findings, the court noted that “Homeless
persons are not a suspect class, nor is sleeping out-of-doors a fundamental right.”
9
Local Legislation in Florida
Numerous local governments in Florida have passed local legislation banning camping. Miami
Beach, for example, provides that it is unlawful for any person to engage in camping on any
1
The U.S. Department of Housing and Urban Development, Office of Community Planning and Development, The 2023
Annual Homelessness Assessment Report (AHAR) to Congress, 12 (Dec. 2023).
https://www.huduser.gov/portal/sites/default/files/pdf/2023-AHAR-Part-1.pdf.
2
Id., at 16. Additionally, the Annual Report of Florida’s Council on Homelessness estimated the population for one night in
January to be 30,809. See the report, page 2, Florida's Council On Homelessness Annual Report available at Florida's
Council On Homelessness Annual Report 2023.pdf (myflfamilies.com).
3
See e.g., 2023 Georgia Senate Bill No. 62, available at
https://legiscan.com/GA/bill/SB62/2023#:~:text=A%20BILL%20to%20be%20entitled,Title%2050%20of%20the%20O.C.G.
A.%2C; 2024 Kentucky House Bill No. 5, available at https://apps.legislature.ky.gov/record/24rs/hb5.html.
4
See e.g., 2017 Colorado House Bill No. 17-1314 available at
https://leg.colorado.gov/sites/default/files/documents/2017A/bills/2017a_1314_01.pdf.
5
See e.g., 2022 Missouri House Bill No. 1606, available at
https://house.mo.gov/billtracking/bills221/hlrbillspdf/3703H.08T.pdf ; Frank v. City of St. Louis, 458 F. Supp. 3d 1090, 1092
(E.D. Mo. 2020).
6
U.S. CONST. amend. VIII.
7
Johnson v. City of Grants Pass, 72 F.4th 868, 890 (9th Cir. 2023), cert. granted sub nom. Grants Pass, OR v. Johnson, No.
23-175, 2024 WL 133820 (Jan. 12, 2024).
8
Id.
9
Joel v. City of Orlando, 232 F.3d 1353, 1357 (11th Cir. 2000). BILL: SB 1530 Page 3
public place within the city unless specifically authorized for that purpose by the city manager or
his designee.
10
The ordinance defines camping as:
Sleeping in a temporary shelter out-of-doors or otherwise being in a temporary shelter out-of-
doors; or
Cooking over an open flame or fire out-of-doors or using non-city designated cooking
facilities outdoors.
The Miami Beach ordinance is enforceable by requiring an offender to vacate the area. The
willful refusal to vacate the area is punishable with a fine not exceeding $500 or by
imprisonment for up to 60 days. If the official encounters a person camping who volunteers that
he or she has no home or other permanent shelter, he or she must be given an opportunity to
enter a homeless shelter or similar facility, if available. If no such facility is available, an arrest
may not be made.
III. Effect of Proposed Changes:
The bill creates sections 125.0231 and 166.0453, F.S., to generally prohibit counties and
municipalities from permitting individuals from sleeping or camping on public property, at
public buildings, or on public rights-of-way. A county or municipality, however, may authorize
sleeping or camping on public property within its jurisdiction with a “lawfully issued temporary
permit,” during a state of emergency declared by the Governor, or at designated areas of public
property. Any area of public property designated by a county or municipality for sleeping or
camping is subject to the following conditions, the sufficiency of which is to be determined by
the Department of Children and Families:
Minimum sanitation levels, including but not limited to access to clean and operable
restrooms and running water;
Security presence on site at all times;
Access to behavioral health services, including, but not limited to substance abuse and
mental health treatment;
Drugs and alcohol are prohibited within the designated area; and
The designated area may not be in a location where it adversely and materially affects the
value or security of existing residential or commercial properties.
The bill additionally permits a person or business to bring a civil action in any court of
competent jurisdiction against a county or municipality to enjoin practices of allowing unlawful
sleeping or camping on public property. A successful plaintiff may recover reasonable expenses
including court costs, reasonable attorney fees, investigative costs, witness fees, and deposition
costs.
The bill contains a finding of important state interest.
The bill takes effect October 1, 2024.
10
See section 70-45, Miami Beach Code of Ordinances, available at
https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH70MIOF_ARTIIPUPL_DI
V1GE_S70-45CAPR. BILL: SB 1530 Page 4
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The bill does not require counties and municipalities “to spend funds or to take an action
requiring the expenditure of funds.” A county or municipality may, in its discretion,
designate certain public properties for public sleeping or public camping as provided in the
limited circumstances stated in the bill and if it so chooses, then funds will likely be needed
to meet the criteria in the bill.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
In other states where local governments appear to permit homeless encampments on public
sidewalks outside of businesses, there have been many reports of businesses losing customers
and having to close.
11
Conversely, businesses might benefit from the bill by retaining
customers to the extent that the bill requires local governments to clear existing homeless
encampments or to the extent that the bill will prevent the encampments from existing in the
first instance. Likewise, businesses and others may avoid the costs of cleaning up refuse
11
Genevieve Wong, Shop owners across US take action as homeless camps threaten business, safety, NEW YORK POST (Apr.
22, 2023), https://nypost.com/2023/04/22/us-shop-owners-take-action-as-homeless-camps-threaten-business/; NBC Los
Angeles News 4, Santa Monica's Third Street Promenade Battling Homeless Problem, Along With Economy (Feb. 16, 2021),
https://www.nbclosangeles.com/news/local/streets-of-shame/santa-monicas-third-street-promenade-battling-homeless-
problem-along-with-economy/2528299/; Hannah Everman and Jeremy Harris, ‘We're tired’: 116-year-old Seattle business to
close shop over encampment safety concerns, KomoNews (Feb. 3, 2023), https://komonews.com/news/local/seattle-
homeless-crisis-116-year-old-business-closing-sodo-neighborhood-business-emmanuels-rug-and-upholstery-cleaners-
relocating-unhoused-homelessness-rv-encampment-camp-concerns-mayor-bruce-harrell-safety-concerns-raw-sewage-
campers. BILL: SB 1530 Page 5
commonly associated with homeless encampments and the costs of crime associated with
homeless encampments. Moreover, the bill might result in increased property values for
properties currently located near homeless encampments. On the other hand, property values
might decline to the extent that the bill causes homeless encampments to move onto private
properties.
C. Government Sector Impact:
Counties and municipalizes will likely incur additional costs to clear homeless
encampments from public property to the extent that the bill requires additional efforts to
clear encampments or prevent them from occurring.
If a plaintiff prevails in a lawsuit against a county or municipality, then he or she is entitled
to recover reasonable expenses against the local government. This cost is indeterminate and
could have a fiscal impact on local governments.
VI. Technical Deficiencies:
None.
VII. Related Issues:
The bill leaves the terms “sleeping,” “camping,” and “lawfully issued permit” undefined. It is
unclear whether the bill may interfere with existing local parks and recreation operations. While
the bill contains an exception for states of emergency issued by the Governor, it is unclear
whether the bill may interfere with local emergency management operations during scenarios
that do not rise to a state of emergency, such as cold weather warnings.
VIII. Statutes Affected:
This bill creates the following sections of the Florida Statutes: 125.0231, 166.045.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.